IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS TI-IE 31$'? DAY ore' AUGUS'r,__ ;26Qs A'
BEFORE
THE I-ION=BLE MR. JUSTICE A.s'J'.A 33b?iiN1StA.VS "_
M.F.A No. 6299-12067. VCIMXJ °
BETWEEN:
SHR1 DATTU "
S /0 GAGARAM BEDAGE PATQLE
AGED ABOUTv38Y.EARS I
0cC;AGR1cULTj;J.RE
R/ C) LOKUR"; TAL ~-;..ATI+iAN1" V
D1ST:}3EL{}ALJ_M~_
. .. APPELLANT
(BY SR1"~ SANJAY,"S§;<:A1rAG<E:.:21, ADV.)
» _ §§FER--E'VS'iJBHASH S /0 VISHNU PATIL
T 30 J'
W Ac,_KD';AB1QUT 48 YEARS
~ C)CC--__: BUSINESS
R.,r.o*'15.:0KARUD, TQ : SHIRALA
mST": SANGLI
'~ MAHARASHTRA STATE
THEE DIVISIONAL MANAGER/OFFICER
mew INDIA ASSURANCE co. LTD.,
i
DIVISIONAL OFFICER
CLUB ROAD, BELGAUM -- 590 002
RESPONDENTS
(By SRE V.R. DATAR, ADV. FOR R2)
THIS APPEAL IS FILED was II.7’3i{1″I._O.F’~–.Mv
AGAINST THE JUDGMENT AND AWARD_DATED_;3*1.. 1.o;2,0~Q5~
PASSED IN Mvc NO. 2201/ZGQ4 ON~..THE ‘;.é_ILI§;v.QF _TI–1E _ w
PRL. CIVIL JUDGE (SR.DN.) &:,_ADDL ‘MAGT.,”.:13’ELGAUM,
PARTLY ALLOWING THE __.__Ci’LA’I’Mv PETITION FOR
COMPENSATION AND’1″*~V-SEEKING _ENIfIANCEMENT OF’
COMPENSATION. 1 I
THIS CEBMENG “I¢O~EVVviADMISSION THIS
BAY, THE CO’LT»RT”D’E_LIV.ERvED THE FOLLOWING:
A
V.Th(3 e4t’ppVe11aVn’,t h:.’:.reii1 is seeking enhancement Of the
,.¢.,COI”g1.’5E?]7I’f;E£1’EiD}f1 astttagaiaist the sum awarded by the Additional
IVIOVIOI. Tribunal, Belgaurn, (for short the
‘;f’i”ihuI1ezJ) NO2201/2004. In respect Of the death of
the I’nOt§;.er of the claimant, the Tribunal has awarded the
t
d
I’:
4
consiclc.-ring the age of the claimant, the compensation
granted would be sufficient.
S. In the light of what has been contended, theonly
two questions which arise for consideration in the”–prese.n’t.
appeal is with regard to the income as reckc1ined,’iil:jyc’i’tile’ H
Tribunal and the amount awarded-Iurider the Vc’onV.v;entio:nal.,.
heads. It is seen that the Tribunal
case of the several claims in respect of ._the_Vsa_m’e._v”aceident ”
had clubbed this matter andvAi-d~is.pose~d of ‘fl’r€.._ASa.I-i116 by a
common award. Therefore,’considveringthat the claimants
have lI}:{illCat”€x(i’V7ilT1at lthieya/e_re worlting as Hamalies, the daily
income was” takeen’ iR~s_:”r’Def-. ln the instant case, the
clairn_a.r11 had” contended that his mother was doing tailoring
“‘vx\.-or’}:”‘;.nf1-d from the'””said avocation, she had income of
“month. In the absence of documentary
-ev1’d_enc~.c: _w’i’t-h regard to income, the Tribunal has considered
x__zhe inec.’>n;_e in the instant case also as that of a Coolie and
f_”‘}’3″‘..s.i’Ii?”(‘}«_/– per day has been considered. In the instant case,
t
gr”
1’1 i1o_.,. i .
6
entitied to the enhanced compensation of Rs.68,000/»~. The
enhanced amount shail be paid by the second respondent-
Insurance Company with interest at the same rate as
awarded by the Tribunal from the date of petition Within six
weeks from the date of receipt of a copy of this
deposit of the amount, the same shah be reIe.r;isee1s,:to”the: ‘
claimant.
In terms of the above, the appealsstahds-.di-spos-ed
with no order as to costs.